Indian Penal Code, 1860, Section 342, 363, 366(A), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Offence u/Ss. 342, 363, 366(A), 376(AB) IPC and 6 POCSO - Bail - Juvenile aged 17 years and 17 days - Children Court without considering the Social Investigating Report..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile in conflict with law - Bail - Neither the seriousness of alleged offence nor the age of juvenile are relevant for denying bail u/s.12 of JJ Act - Further, even the child aged 16 years or above who is alleged to have committed a heinous offence is also entitled to get bail u/s 12 of JJ Act...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - End of justice - If the keeping of child in custody is helpful in his development and rehabilitation or protection, only then it could be said the release of child would defeat the ends of justice...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Denial of bail - The ground of denials must be based on relevant facts and circumstances emerging from the material on record including Social Investigation Report...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Social Investigation Report - If there is a concrete material in Social Investigation Report to show that the juvenile may face backless of the society, if he is released on bail, then bail could be denied to him for his protection ...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 27 -- Proceedings u/s 12 of the Act - Under PWDV Act, law applies to people who have lived together in a shared household - Simply naming relatives in a complaint, without giving clear details of incidents, dates or acts, is not enough to proceed against them...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 27 -- Proceedings u/s 12 of the Act - Jurisdiction of Court - Parties are living in UK and alleged incident of domestic violence took place in London - Wife was not residing in Dehradun permanently or even temporarily at the time of filing complaint - Therefore, Dehradun does not qualify as her "temporary..........
Industrial Disputes Act, 1947, Section 12(3) -- Settlements - Settlements entered u/s 12(3) of the Act are not administrative conveniences - They are quasi-statutory instruments reflecting negotiated justice, and they bind both employer and employee with force of law - Where such settlements create specific entitlements, Courts must give them purposive effect, unless..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22 -- Interim maintenance - Domestic Violence Act does not distinguish between a first or subsequent marriage for the purpose of entitlement to maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22 -- Interim maintenance - Grant of 12,000/- p.m. which was later enhanced to Rs.33,000/- p.m. payable from the date of filing of application - In appeal the amount was enhanced to Rs.1,00,000 per month - Plea that wife is capable of earning - While capacity to earn may be a relevant factor, it..........
